Sec. 25-1. - Findings, purpose, and goals. (a) The City of Belmont is forested by trees indigenous to the San Francisco Peninsula, as well as non-native species introduced to the area.. In general, trees provide benefits for both residents and visitors to the city. Trees contribute beneficially to the climate of the city by reducing heat buildup and providing shade, moisture, and wind control. Trees contribute to the protection of other natural resources by providing erosion control for the soil, and oxygen for the air. Trees reduce the cost of storm water systems by increasing the water retention capacity of soils. Trees provide screens and buffers to separate land uses. Furthermore, California native, and drought tolerant trees, and locally adapted tree species are especially valuable to the city and the urban forest as a whole. In addition to providing the benefits identified above, these trees provide habitat for indigenous wildlife, and contribute to the economy of the city by increasing and sustaining property values. California native trees are also naturally pest resistant, require less water and little to no fertilizer, and are better adapted to the arid, fire ecology of the San Francisco Bay Area. Lastly, California natives can provide a bridge to nearby open space areas, creating an element of nature in the midst of an urban setting.. However, even native trees can be located in a way that damages property, interferes with utilities, and impacts the reasonable economic use of a project site. In addition, non-native invasive tree species, diseased trees, hazardous trees, and trees with poor structural integrity, can adversely impact public health, safety and welfare. (b) The city s trees collectively constitute an urban forest, and removals or additions of even a single tree can negatively or positively affect the urban forest and the city as a whole. However, the loss or removal of a tree from one location in the city s urban forest can often be at least partially mitigated by planting a replacement tree or replacement trees in the same or a different location. (c) For all these reasons, it is the purpose of this chapter, and in the interest of the public health, safety and welfare of the people of the city of Belmont, while recognizing private rights to develop and use property in a manner not prejudicial to the public interest, to enact regulations protecting and preserving trees, and controlling the removal of trees within the city. This chapter is intended to promote the following specific goals: (1) (1) Preserve and maintain healthy native, and drought tolerant trees and locally adapted tree species, while allowing for reasonable and conforming use of private property. (3) Encourage the replacement of trees removed by necessity, with native, and drought tolerant trees and locally adapted tree species. (4) (5) Create an efficient and cost effective tree removal permit process for unsafe or unhealthy trees, trees in poor condition, non-native invasive trees, trees that cause a significant fire hazard, trees that adversely impact utilities or cause significant property damage, and trees that are required to be removed as part of vegetation/fire management plan approved by the Belmont Fire Department (6) Create public awareness of the tree ordinance, the role of trees in our environment, and best practices for tree management. Belmont, California, Code of Ordinances Page 1
Sec. 25-2. - Definitions. Where used in this chapter the following terms are herein defined as: Arborist means an ASCA (American Society of Consulting Arborists) registered consulting arborist, or an arborist certified by the International Society of Arboriculture. Arborist report means a report prepared by an arborist containing specific information on the location, condition, potential impacts of development, recommended actions and mitigation measures regarding one or more trees on an individual lot or project site. The required contents of an arborist report are included as an appendix to the Tree Ordinance. The required contents of the report may be modified by the Director of Parks and Recreation, depending on the scope of the project. Bordering properties means lots that abut a project site, and lots that abut a project site across a public right-of-way or access easement (when property lines are extended to the middle of such public right-of-way or access easement). Certification letter means a concluding statement by an arborist stating that work that was performed by an arborist or was observed by an arborist and complies with the conditions of the arborist report, and the tree permit or conditions of project approval. City means the City of Belmont, California. City tree means any woody, perennial plant, regardless of size, located in the city right-of-way, a city park, a designated open space, or on any other city property. A single or multi-stemmed shrub or bush is not a city tree. DBH means the diameter of the tree at breast height; measured across the widest face of the tree trunk, at four and one-half (4½) feet above natural grade. On a slope, the four and one-half-foot height is measured from the center of the trunk, halfway between the uphill and downhill side. In the case of multiple stemmed trees, the measurement shall be the sum of the diameters of all the stems measured at four and one-half (4½) feet above natural grade. Dead Tree means a tree that is dead or that has been damaged beyond repair or is in an advanced state of decline (where an insufficient amount of live tissue, green leaves, limbs or branches exists to sustain life) and has been determined to be such by a certified arborist, landscape architect or city official. If the tree has been determined to be dead, removal is permitted under Section 25-4. Director means the director of the parks and recreation department. Dripline (canopy dripline) means the diameter of the existing tree canopy, or the estimated diameter of the root system (calculated as DBH inches two (2) feet) whichever is greater. Excessive Pruning means removing in excess of one-fourth (25 percent) or greater, of the functioning leaf, stem or root area. Excessive pruning also includes removal of the leaf, stem area, predominately on one side, topping, or excessive tree canopy removal or crown raising. Exceptions are when clearance from overhead utilities or public improvements is required, or to abate a hazardous condition or public nuisance. Heritage tree means a tree or grove of trees designated by resolution of the City Council to be of special historical value or of significant community benefit. Heritage trees shall be of a species that is indigenous to the local area, and in the case of an individual tree, shall be no less than twenty-four (24) inches DBH. Belmont, California, Code of Ordinances Page 2
Locally adapted tree species means non-native, non-invasive trees that are well adapted to the climate and soil conditions in Belmont and are overall beneficial to the urban forest and the community (as designated by the Parks and Recreation Director and included as an appendix to this Ordinance). Native tree means any of the following trees native to the San Francisco Bay area: oak, redwood, buckeye, madrone, sycamore, big-leaf maple, red-bud, and bay. Person means any natural person, property owner, partnership, firm, corporation, governmental agency or other legal entity. Protected tree means any native or locally adapted (as designated) woody, perennial plant characterized by having a single main stem or trunk of ten (10) inches or more DBH at four and one-half (4½) feet above natural grade, or multiple secondary stems totaling ten (10) inches or more DBH at four and one-half (4½) feet above natural grade, regardless of species. A DBH of ten (10) inches is approximately equivalent to a circumference of 31 (thirty-one) inches. A single or multi-stemmed shrub or bush is not a protected tree. Pruning means selectively cutting or trimming to enhance the health and structure of a tree, improve balance and aesthetics, promote healthy growth, and prevent damage. For purposes of interpreting this term, the city shall refer to the current American National Standards Institute (ANSI) A300 (Part 1) American National Standard for Tree Care Operations Tree, Shrub, and Other Woody Plant Maintenance Standard Practices (Pruning), or Best Management Practices Tree Pruning published by the International Society of Arboriculture (ISA) as a companion publication to the ANSI A300 pruning standards. Reasonable and Conforming Use means permitted uses that conform to the development criteria of the zoning district for the site. For the purposes of what would be determined a reasonable use consideration should be given to uses conducted on similarly situated and zoned sites within the same area. Replacement tree means any tree, regardless of size, which has been planted as required mitigation for the previous removal of another tree at the same site or elsewhere in the city. Removal means the physical removal of a tree; causing the death of a tree through direct or indirect action, or severely damaging a tree. Severe Damage means any action undertaken which causes or may cause death or significant injury to a tree or its roots, or which places the tree in an irreversible state of decline. This includes, but is not limited to: (1) Excessive pruning as herein defined; (2) Topping (top) Cutting off the main trunk (or one (1) of the main trunks) of a tree at any point above grade, in such a manner that normal upward growth of the tree is impaired; (3) Trenching, excavating, grading, paving or other action which causes a significantly harmful incursion within the root system or canopy drip-line of a tree; (4) Poisoning, or leaching of construction related or other damaging materials into the canopy dripline; (5) Overwatering or withholding of water or nutrition. Standard Tree Protection Measures means protection measures required when construction or other site disturbance occurs within the dripline of a protected tree, when the tree is proposed for retention as Belmont, California, Code of Ordinances Page 3
part of the project. These measures are included as an appendix to the Tree Ordinance. Alternative measures may be approved by Parks and Recreation Director or an arborist consulting for the city to better meet site conditions. Sec. 25-3. - Council Designation of Heritage Trees. The council may, by resolution, designate a tree or grove of trees on public or private property as heritage trees. Prior to adoption of a resolution designating a tree or grove of trees on private property to be heritage trees as defined in Sec. 25-2, the owner shall receive written notice of the proposal by personal delivery or by certified mail not less than ten (10) days prior to the decision. Sec. 25-4. - Regulations governing tree preservation and tree management. (a) It is unlawful for any person to: (1) Severely Damage, or cause to be severely damaged, any heritage tree, protected tree, city tree, or required replacement tree; (2) Remove, or cause to be removed, any heritage tree, protected tree, city tree, or required replacement tree without a permit. (b) A permit is not required for pruning when done consistent with guidelines of the current American National Standards Institute (ANSI) A300 (Part 1) American National Standard for Tree Care Operations Tree, Shrub, and Other Woody Plant Maintenance Standard Practices (Pruning), or Best Management Practices Tree Pruning published by the International Society of Arboriculture (ISA) as a companion publication to the ANSI A300 pruning standards (see section 25-2 of this chapter, Definitions; Pruning). Sec. 25-5. - Exemptions governing tree removal. A permit is not required to remove trees under the following circumstances: (1) Non-heritage and non-protected trees. (2) Emergency. Protected tree(s), city tree(s), or required replacement tree(s) damaged by storms, floods, earthquakes, fires or natural disasters or in any instance where it is determined to pose an imminent danger to property or persons by a peace officer, firefighter or other city official acting in their official capacity. The director of parks and recreation shall be promptly notified of the nature of the emergency action taken. (3) Fire. When the cutting or removal is determined necessary by fire department personnel actively engaged in fighting a fire. (4) Public utilities. Protected trees(s), city trees(s), or required replacement tree(s) determined to be hazardous to public utilities for which no alternative action is possible. This determination will be made by city officials. Prompt notification of this determination shall be made to the director of parks and recreation. (5) Nursery. Trees planted, grown and/or held for sale as part of a licensed nursery business. (6) Dead trees as defined herein and determined by a certified arborist or city official. Belmont, California, Code of Ordinances Page 4
Sec. 25-6. - Administration of tree ordinance. - CITY CODE The tree ordinance shall be administered in association with any required entitlement approval, as provided in the following table: Associated Entitlement Review Authority 1 None. Non-discretionary reviews (building and minor grading permits), and other site modifications not requiring a permit Discretionary reviews by CDD Discretionary reviews by ZA Discretionary reviews by PC Parks and Recreation Director (P&R) Community Development Director (CDD) Zoning Administrator (ZA) Planning Commission (PC) 1 For tree removal permits associated with an entitlement application, the review authority shall refer the application materials to the parks and recreation department for review and recommendation. The application shall be approved, conditionally approved or denied by the official or hearing body that acts on the associated entitlement review. Sec. 25-7. City Tree Board (1) The tree board's scope of responsibilities are: hearing and ruling on appeals of denied administrative permits,, recommending public tree care policies, maintaining a list of recommended tree species and undesirable tree species, and promoting public awareness of trees and of this city tree ordinance. (. (2) The tree board shall consist of two (2) currently seated parks and recreation commissioners, and two (2) currently seated planning commissioners, each appointed by their respective commissions for a term of one (1) year, plus one (1) member from the community at large, appointed by the city council to a term of three (3) years. The tree board shall elect a chair annually. 3) The tree board shall convene in a public meeting as needed. Sec. 25-8. - Permit Required Any person desiring to severely damage, remove, or cause to be removed, a heritage tree (s), protected tree(s) or city tree(s), or required replacement tree(s) within the city shall apply for a permit as provided herein prior to such action. Sec. 25-9.- Permit Application All applications for heritage, protected and city tree removal permits shall specify the number, species, size, and exact location of the tree or trees involved, a brief statement of the reason for the requested removal, and any other pertinent information as may be required by the city. The applicant shall be required to provide a plot plan or survey drawn to scale depicting the tree(s) and any improvements on the property and an arborist's report, unless these requirements are waived by the Parks and Recreation Director.. Belmont, California, Code of Ordinances Page 5
Sec 25-10. - Decisions and Hearings Decisions and hearings for tree removal shall occur as indicated in the following table: Review Authority Public Notice 1 Public Hearing 2 Appeal Authority 3 Parks and Recreation Director (P&R) Community Development Director (CDD) Zoning Administrator (ZA) Planning Commission (PC) Posting Site None Tree Board Posting Site None PC Required Required PC Required Required City Council 1 Notice provided consistent with associated entitlement. 1,2,3 Notice of the time, place and purpose of public hearings given in the manner set forth in Section 11.4.1, of the Belmont Zoning Ordinance; Tree board decisions are appealable to the City Council. Sec. 25-11. Criteria for Tree Removal An application to remove, or severely damage a heritage tree, protected tree or city tree shall be approved, denied or conditionally approved so as to further the public welfare and overall health of the urban forest, and based upon a balancing of the following criteria in light of the above-stated legislative findings, purpose and goals identified in Section 25-1. (a) The condition of the tree with respect to age of the tree relative to the life span of that particular species, disease, infestation, general health, structural integrity, danger of falling and posing a safety hazard. (b) Proximity of the tree to existing or proposed structures. (c) Damage caused by the tree to existing structures or site improvements and interference of the tree with utility services. (d) The removal of the tree in order to construct improvements and allow reasonable and conforming use of the property. (e) The number of healthy trees a given parcel of land will support and the planned removal of any tree nearing the end of its life cycle. (f) The topography of land and effect of the requested tree removal on erosion, soil retention, water retention and diversion or increased flow of surface waters. (g) The effect of the requested tree removal on the remaining number, species, size and location of existing trees on the site. (h) Removal of the tree as part of a vegetation/fire management plan required by the Belmont Fire Department. Belmont, California, Code of Ordinances Page 6
Sec. 25-12.- Conditions attached to permits. - CITY CODE The review authority shall impose conditional requirements for granting of a permit to include the payment of removal fees, and the replanting of trees on or off-site (mitigation plantings). The total amount collected for tree removal fees, and the cost of the required mitigation plantings shall not exceed the value of the tree(s) removed, and shall be determined as follows: Removal fees shall be collected and replacement plantings shall be required based upon the value of the tree to the urban forest and the community as a whole, and shall consider, but not be limited to such factors as the size of the tree, its species, its location on the lot, and the health, condition, and life expectancy of the tree; however in no case shall removal fees be collected or replanting be required on or off-site for trees that are determined to be hazardous or dead, as determined by a certified arborist. The method of valuation shall be consistent with the "Standards for Valuation" adopted by the Parks and Recreation Department, and included as an appendix to this Ordinance. These standards shall apply to those trees removed without a permit as well as those removed with a permit, which require on-site or off-site replacements of similar value for the trees removed. Sec. 25-13. - Permit issuance. (a) Permit approval Parks and recreation department/tree board. Permits approved by the parks and recreation department or the tree board shall be issued in writing and remain valid for a period of sixty (60) days from issuance. Permits approved by the tree board shall be issued not less than ten (10) days following approval by the board. If the work to be done under the terms of the permit is not commenced prior to expiration, the permit shall become null and void. (b) Permit approval Community development department/planning commission. Permits approved by the community development department, Zoning Administrator, or the planning commission for tree removals in conjunction with development shall be valid until the expiration of associated project entitlements, unless those entitlements are extended. Permits issued in conjunction with grading and/or building permits will become valid simultaneously with the issuance of such other permits and the time for completion of the work will commence at that time unless otherwise provided in the permit. c Posting of permit. Parks and recreation department/tree board permits must be posted on the subject property in a location visible from, and not more than twenty (20) feet from, the public rightof-way. (1) The permit shall be posted no less than forty-eight (48) hours in advance of any work and remain posted for not less than one (1) week following completion of all work. (2) For emergency tree removal, the parks and recreation director has the authority to waive the forty-eight-hour posting of permit requirement to allow for immediate removal if the tree is creating a danger to persons or damaging real/personal property. Belmont, California, Code of Ordinances Page 7
Sec. 25-14. - Enforcement. (a) Any person who removes or damages a heritage tree, protected tree, city tree, or required replacement tree within the city in violation of this chapter, or the terms of any permit granted under this chapter, is guilty of a misdemeanor and upon conviction shall be subject to a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment for six (6) months or by both such fine and imprisonment. Each and every tree removed or damaged will be considered a separate violation of this chapter subject to misdemeanor penalty. The city reserves the right to prosecute such violations as an infraction. (b) In addition to any penalties provided for in this section, any person who removes or damages a heritage tree, protected tree, city tree, or required replacement tree in violation of this chapter shall be responsible for payment of removal fees and replanting of trees on or off-site in equal value to the tree(s) removed without benefit of permits. : (1) (c) The city may issue a stop work order on a project, pending submittal of an acceptable mitigation plan providing for replacement trees, or payment of an in lieu fee as determined by the city's master fee schedule, to the city tree planting and establishment fund. (d) Sec. 25-15. - Public nuisance. In addition to the penalties provided in section 25-14, the violation of the provisions of this chapter is a public nuisance. The city attorney may commence the necessary action or proceedings for the abatement, removal and enjoinment thereof in the manner prescribed by law in the courts which have jurisdiction to grant such relief as will accomplish such abatement and restraint. The remedies provided for in this section shall be in addition to any other remedy or remedies or penalties provided in the chapter or any other law or ordinance. FOOTNOTE(S): --- (1) --- Editor's note Ord. No. 1060, 1, adopted Aug. 23, 2011, amended Ch. 25 in its entirety to read as herein set out. Former Ch. 25, 25-1 25-12, pertained to similar subject matter, and derived from Ord. No. 926, 1, 4-14-98; Ord. No. 997, 1, 2-24-04; as previously derived from Ord. No. 819, 1, 9-26-89. (Back) Cross reference Large tree protection, 9-44; trimming trees along route of house moving, 22-46. (Back) Belmont, California, Code of Ordinances Page 8